Main Findings

Although the aim of this report is not to provide comparable data between countries, general trends have been identified. In this section, we will summarise some of the research findings to describe the extent to which governments have implemented comprehensive inclusive measures within their educational systems.

General trends

Some governments have already taken significant steps to ensure education is inclusive of all learners. In particular, the 70% of Member States have implemented anti-discrimination laws or action plans. Other practices, however, still remain challenging in most countries. Overall, the main areas for improvement are compulsory education curricula, mandatory teacher training and data collection about bullying and harassment on grounds of actual or perceived sexual orientation, gender identity and expression or variation in sex characteristics. Likewise, legal gender recognition based on self-determination is only available in 4 countries for learners under 16.

Out of the 49 countries reviewed, there are only four (Malta, Netherlands, Norway and Sweden) that provide most of these measures across Europe as of yet. Some regions in Spain have also developed inclusive laws and policies, but they have not been implemented nationally. By contrast, eleven countries have failed to implement any measure at the time of writing this report (Armenia, Azerbaijan, Belarus, Latvia, Macedonia, Monaco, Poland, Russia, San Marino, Turkey and Ukraine) and two have made international commitments without implementing any other measures (Liechtenstein and Moldova).

Anti-discrimination law applicable to education

At the time of drafting this report, 30 Council of Europe Member States as well as Kosovo have anti-discrimination laws in place that specifically set sexual orientation, gender identity and expression or variations in sex characteristics as protected grounds: Albania, Austria, Belgium, Bosnia & Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Hungary, Iceland, Ireland, Kosovo, Lithuania, Luxembourg, Malta, Montenegro, the Netherlands, Norway, Portugal, Romania, Serbia, Slovak Republic, Slovenia, Spain, Sweden and United Kingdom. Out of these countries, 23% protect only one ground (19,5% only sexual orientation and 3,5% gender identity), 61% sexual orientation and gender identity and expression and 16% include also variations in sex characteristics in their anti-discrimination laws.

Policies and action plans

However, only 22 Council of Europe Member States have implemented concrete policies or action plans to make schools safe, inclusive and supportive of LGBTQI learners: Albania, Andorra, Austria, Belgium, Bosnia & Herzegovina, Croatia, Cyprus, Czech Republic, Denmark, Germany (some regions), Ireland, Lithuania, Luxembourg, Malta, Montenegro, the Netherlands, Norway, Serbia, Spain, Sweden, Switzerland and United Kingdom. Out of these countries, 13,5% refer only to sexual orientation, 54,5% to sexual orientation and gender identity and expression, and 32% refer to variations in sex characteristics as well.

Inclusive national curricula

Although 26 Member States have developed voluntary or arbitrary inclusion of LGBTQI issues, they have only been embedded through-out the full curriculum or, at least, been compulsory for all students in 19 Member States: Albania, Andorra, Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany (some regions) Iceland, Malta, the Netherlands, Norway, Slovak Republic, Spain (some regions), Sweden and United Kingdom. Out of these countries, 21% only are inclusive of sexual orientation, the majority (63%) have developed inclusive curricula for sexual orientation and gender identity and expression, and only 16% have also included positive inclusive materials for variations in sex characteristics.

Teacher training on LGBTQI awareness

Civil society organisations report that teacher training on LGBTQI awareness is only present in less than half of the Council of Europe Member States (20 have provided some training). However, only 4 Member States have introduced mandatory teacher training (France, the Netherlands, Norway, Sweden). Malta has also introduced mandatory pre-service teacher training, but this has not been extended to teachers who are currently practicing.

Gender recognition

Legal gender recognition for minors based on self-determination has only been recognised in 3 Member states (Belgium, Malta, Norway) and in one of the regions of Spain (Andalusia). Denmark, France, Ireland and Portugal have implemented procedures based on self-determination for minors over 16. The rest of the countries have still not adopted laws based on self-determination.

Data collection on bullying and harassment

Although data collection is essential to develop specific programmes and design interventions that take into account the specificities of each country, only 5 Council of Europe Member States provide data on bullying and harassment in schools segregated on the grounds of discrimination at the time of drafting this report: Albania, France, Montenegro, the Netherlands and Sweden.

Support systems for young people

Civil society organisations report that 20 Member States provide services or have funded projects that provide support: Albania, Andorra, Belgium, Czech Republic, Finland, France, Germany, Iceland, Ireland, Italy, Malta, Montenegro, the Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland and United Kingdom. Out of these services, 70% are addressed to LGBTQI students, but 25% are exclusively addressed to LGBT learners and in one country (5%) support systems are not inclusive of trans youth.

Information and guidelines

Civil society organisations report that 22 Member States directly provide guidance or fund projects that offer such information: Andorra, Belgium, Croatia, Czech Republic, Estonia, Finland, France, Germany, Iceland, Ireland, Italy, Luxembourg, Malta, Montenegro, the Netherlands, Norway, Portugal, Slovak Republic, Spain, Sweden, Switzerland and United Kingdom. Although 64% of these countries provide information and guidance to all LGBTQI learners, in the rest of the countries there is no specific content for intersex learners.

Partnership between governments and civil society

Civil society organisations report that 24 Member States as well as Kosovo have partnered with civil society organisations to develop strategies and/or develop projects in the field of education: Albania, Andorra, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Iceland, Ireland, Italy, Kosovo, Luxembourg, Malta, the Netherlands, Norway, Portugal, Slovak Republic, Slovenia, Spain, Sweden, Switzerland and United Kingdom. Most of these associations (64%) are considered LGBTQI, but the rest do not provide services for intersex learners.

International commitment

Only 23 Council of Europe Member states have signed the Call for Action by Ministers to ensure inclusive and equitable education for all learners in an environment free from discrimination and violence and are also members of the European Governmental LGBTI Focal Points Network. Specifically, 29 Council of Europe Member States have signed the Call for Action by Ministers to ensure inclusive and equitable education for all learners in an environment free from discrimination and violence, and 29 countries are members of the European Governmental LGBTI Focal Points Network. Finally, two countries have made specific international commitments but have not implemented any further measures to ensure inclusive education for LGBTQI learners.